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(Datenschutzgesetz - DSG) regulates certain procedural elements as a lex specialis for the DSB, like the details of the complaints procedure in § 24 DSG (see below)

other national provisions, which are not listed here in detail. Under § 4(4) DSG the age of consent in Austria is 14, in line with Austrian civil law provisions

secret. Neither Art. 15 Para. 4 GDPR nor § 4 Para. 6 DSG specify the concept of business and trade secrets. § 4 para. 6 DSG was decided on the basis of an

Art. 62 Para. 1 No. 4 DSG 4) a) Section 52 para. 2 no. 4 DSG 2000 in conjunction with § 69 (5) DSG b) Art. 62 Para. 1 No. 4 DSG Furthermore, Section 64

para. 2, item 7 DSG 2000 in conjunction with Art. 69, para. 5 DSG Ad 2b): Art. 62, para. 1, item 4 DSG Ad 3a): Art. 52, para. 2, item 4 DSG 2000 in conjunction

L 119 of 4.5.2016 p. 1; §§ 1 Paragraph 1 and Paragraph 2, 18 Paragraph 1 and 24 Paragraph 1 and Paragraph 5 of the Data Protection Act (DSG), Federal

proceedings. Pursuant to Article 69 (4) of the DSG, proceedings pending before the ordinary courts under the DSG 2000 at the time of entry into force of

details. decision date 05/30/2023 standard B-VG Art133 Para.4 DSG §1 para.1 DSG §24 paragraph 4 GDPR Art77 B-VG Art. 133 today B-VG Art. 133 valid from 01

more details. decision date 06/12/2023 standard B-VG Art133 Para.4 DSG §24 paragraph 4 GDPR Art58 GDPR Art77 B-VG Art. 133 today B-VG Art. 133 valid from

under § 24 DSG, Federal Law Gazette I No. 165/1999 as amended (cf. in this regard § 69 (4) DSG). With regard to the applicability of the DSG in its current

2000 (DSG 2000), BGBl. I No. 165/1999 as amended by BGBl. I No. 132/2015; §§ 24 para. 5, §§ 36 ff and 69 para. 4 of the Data Protection Act (DSG), BGBl

the Data Protection Act (DSG), § 22 DSG, paragraph 8)., Practical commentary on the Data Protection Act (DSG), paragraph 22, DSG, paragraph 8 ). Since the

in Section 24 (4) DSG. The complainant's complaint of April 5, 2023 was made within the deadline set in paragraph 24, paragraph 4, DSG. D.2. Regarding

more details. decision date 05/17/2022 standard AVG §38 B-VG Art133 Para.4 DSG §24 GDPR Art12 GDPR Art15 DSGVO Art15 Abs1 litc GDPR Art77 VwGVG §17 saying

infringement. With regard to the statute of limitations stipulated in Section 24 (4) DSG and the admissibility requirements that are differently graded according

date August 22, 2023 standard B-VG Art 133 Paragraph 4 DSG §24 Paragraph 1 DSG §24 Paragraph 5 DSG §24 Paragraph 6 GDPR Art 17 B-VG Art. 133 today B-VG

complaint on the grounds that her right to file a complaint had expired per § 24(4) DSG because more than a year had elapsed between the time she discovered the

Section 1 DSG. On the question of whether legal persons may rely on the simple law implementing provisions of the DSG Pursuant to Section 4 (1) DSG, the provisions

paragraph 2, item 6, DSG 2000 in conjunction with Article 69, paragraph 5, DSG and Article 62, paragraph 1, item 4, DSG. 2 item 4 DSG 2000 in conjunction

trade secret within the meaning of § 4(6) Austrian Data Protection Act (Datenschutzgesetz - DSG). (Note: §4(6) DSG is considered as national law adopted

language in § 7(3) and §7(4) DSG, particularly references in both provisions to a "person responsible" for an investigation. § 7(4) requires that the application

rejected in accordance with paragraph 24, paragraph 4, last sentence of the DSG. Section 24 (4) DSG refers to an adverse event as the trigger for the deadline

authority prohibit data processing in accordance with Section 22, Paragraph 4 of the DSG is rejected. The complainant's request that the data protection authority

No. 120/2017 DSG Art No. 133/2009 DSG Art. 2 § 24 valid from January 1st, 2000 to December 31st, 2009 DSG Art. 2 § 4 today DSG Art. 2 § 4 valid from January

Federal Law Gazette I No. 51/2012 DSG Art. 1 § 1 valid from 01.01.2000 to 31.12.2013 DSG Art. 2 § 4 today DSG Art. 2 § 4 valid from January 1st, 2020 last

if recourse to § 1 DSG was possible, processing activities in the personal and household sphere are not covered because of § 4(1) DSG in conjunction with

transitional provision of Section 69 (4) DSG - with reference to the transitional provision of Section 69, Section 4, DSG - first stated that in the present

bvwg.gv.at DECISIONS D A T U M 2 2 . 1 2 . 2 0 2 1 BUSINESS NUMBER W 2 7 4 2 2 4 6 3 5 5 - 1/2 0 E I M N A M E N D E R E P U B L I K ! The Federal Administrative

of §§ 1 to 9 DSG 2000, Federal Law Gazette I No. 165/1999 as amended Federal Law Gazette I No. 83/2013., - 4 - According to § 1 para. 2 DSG 2000, the actual

1946 last amended by StGBl. No. 4/1945 B-VG Art. 133 valid from January 3, 1930 to June 30, 1934 DSG Art. 2 § 24 today DSG Art. 2 § 24 valid from May 25th

original for more details. decision date 06/28/2022 standard B-VG Art133 Para.4 DSG §1 VwGVG §28 paragraph 3 sentence 2 saying W256 2230350-1/6E DECISION The

date 05/25/2022 standard AVG §38 B-VG Art133 Para.4 DSG §30 GDPR Art83 VwGVG §17 saying W176 2249328-1/4Z DECISION The Federal Administrative Court, through

details. decision date 03/08/2022 standard B-VG Art133 Para.4 DSG §36 DSG §45 GDPR Art16 DSGVO Art4 Z1 B-VG Art. 133 today B-VG Art. 133 valid from 01.01.2019

24, 1946 last amended by StGBl. No. 4/1945 B-VG Art. 133 valid from 01/03/1930 to 06/30/1934 DSG Art. 2 § 24 today DSG Art. 2 § 24 valid from May 25th, 2018

date 02/27/2023 standard B-VG Art133 Para.4 DSG §18 paragraph 1 DSG §24 paragraph 1 DSG §24 paragraph 5 DSG §24 paragraph 8 GDPR Art51 Para GDPR Art57

24, 1946 last amended by StGBl. No. 4/1945 B-VG Art. 133 valid from 01/03/1930 to 06/30/1934 DSG Art. 1 § 1 today DSG Art. 1 § 1 valid from 01.01.2014 last

for more details. decision date 02/27/2023 standard B-VG Art133 Para.4 DSG §1 DSG §24 GDPR Art17 GDPR Art5 DSGVO Art6 Abs1 litf GDPR Art9 Para GDPR Art

original for more details. decision date 16.12.2021 standard B-VG Art133 Para.4 DSG §1 GDPR Art5 VwGVG §28 paragraph 3 sentence 2 saying W214 2242817-1/7E DECISION

original for more details. decision date 15.12.2021 standard B-VG Art133 Para.4 DSG §9 GDPR Art17 Para DSGVO Art17 para.3 GDPR Art6 Para saying W176 2245370-1/2E

service providers could not be derived from § 4 DSG 2000. The clause therefore complied with the provisions of the DSG and was not intransparent. The court of

Regulation - GDPR), OJ No. L119 of 4.5. 2016; §§ 4 Paragraph 6, 24 Paragraph 1 and 5 of the Data Protection Act - DSG, Federal Law Gazette I No. 165/1999

§ 24 Paragraph 1 DSG, which according to § 34 Paragraph 5 DSG is to be applied accordingly in the scope of the 3rd main part of the DSG, every person concerned

recipients or groups of recipients of transmissions (as defined in Article 4 no. 12 DSG 2000), the purpose(s) for which the data is used, the legal basis(s)

date 07/28/2022 standard B-VG Art133 Para.4 DSG §24 paragraph 1 DSG §24 paragraph 5 GDPR Art12 GDPR Art15 GDPR Art4 VwGVG §28 paragraph 2 WTBG 2017 §80 saying

modified form does not change the preclusion period of § 24 (4) Data Protection Act (DSG) as long as the "knowledge of the event giving rise to the complaint"

date 01/20/2022 standard B-VG Art133 Para.4 DSG §1 DSG §24 paragraph 1 DSG §24 paragraph 5 GDPR Art17 GDPR Art4 GDPR Art5 GDPR Art58 GDPR Art6 VwGVG §28

in accordance with § 44 DSG." Although § 44 DSG does grant data subjects a right to access, according to its chapter in the DSG, it only applies to the

date 01/16/2023 standard B-VG Art133 Para.4 DSG §1 DSG §24 DSG §24 paragraph 1 DSG §24 paragraph 5 DSG §7 GDPR Art4 GDPR Art5 GDPR Art6 VwGVG §28 paragraph

Gazette I No. 120/2017 DSG Art No. 133/2009 DSG Art. 2 § 24 valid from January 1st, 2000 to December 31st, 2009 DSG Art. 2 § 24 today DSG Art. 2 § 24 valid

24, 1946 last amended by StGBl. No. 4/1945 B-VG Art. 133 valid from 01/03/1930 to 06/30/1934 DSG Art. 1 § 1 today DSG Art. 1 § 1 valid from 01.01.2014 last

more details. decision date 06/30/2023 standard B-VG Art133 Para.4 DSG §1 DSG §24 GDPR Art4 GDPR Art44 GDPR Art5 GDPR Art6 VwGVG §28 paragraph 2 B-VG Art

For example, § 62 of the Austrian Data Protection Act (Datenschutzgesetz - DSG) sets a penalty of €50,000 for, inter alia, (1) intentionally obtaining illegal

it is not necessary. Paragraph 4 2. If the examination of the reasons presented in accordance with Section 146 Paragraph 4 Sentence 6 VwGO shows, as here

details. decision date 01.12.2021 standard B-VG Art133 Para.4 DSG §1 DSG §24 DSG §9 GDPR Art4 GDPR Art5 GDPR Art57 GDPR Art6 GDPR Art77 GDPR Art85 GRC Art11

Germany Head: Bettina Gayk Deputy: Roul Tiaden Address: Kavalleriestraße 2-4 40213 Düsseldorf Germany Webpage: https://www.ldi.nrw.de Email: poststelle@ldi

nert/Riedl, DSG § 4, K8 (as of 12.6.2018, rdb.at)). These considerations do not overlook the fact that the explanatory notes to Section 4(1) of the Data

date August 24, 2023 standard B-VG Art 133 Paragraph 4 DSG §1 DSG §9 GDPR Art4 Z1 GDPR Art4 Z2 GDPR Art4 Z7 GDPR Art5 Paragraph 1 GDPR Art6 Paragraph 1 B-VG

the MB. 4. From this it follows legally: 4.1. The relevant legal provisions are excerpted as follows: 4.1.1. According to Section 1 Paragraph 1 DSG, everyone

more details. decision date 09.12.2021 standard AVG §74 B-VG Art133 Para.4 DSG §1 DSG §24 GDPR Art12 GDPR Art14 GDPR Art32 GDPR Art5 GDPR Art57 GDPR Art58

the enG) possible. Since § 9 DSG is a simple statutory provision of the DSG, which, according to the clear wording of § 4 DSG, is not limited to legal persons

website controller qualifies as controller (Article 4(7) GDPR) and Google LLC as processor (Article 4(8) GDPR) for data processing in connection with Google

numbering then follows the GDPRhub logic. Example: § 6 Abs 4 Lit c) of an Austrian law becomes § 6(4)(c) on GDPRhub. Example: Section 1 para 1(c) of an Irish

meaning of Art. 4 nos. 1 and 2 GDPR if the video recordings allow the identification of the person concerned (Ehmann/Selmayr, loc.cit., Art. 4 marginal 7)

intelligibility of the content of the decision. The right of confidentiality (§ 1 DSG) and confidentiality interests of the respondent, a legal person whose lawful

that even pseudonymised data (Art. 4 Para. 5 GDPR) from the term personal data are recorded in accordance with Art. 4 Para. 1 GDPR. It is undeniable that

protection (BVerwG, Bv 25.2.2015 - 4 VR 5.14 et al - ZfBR 2015, 381 - juris para. 12; approving OVG NW, Bv 25.4.2019 - 4 B 480/19.NE - NVwZ-RR 2019, 993 -

Regulation, hereinafter: GDPR), OJ No. L 119 of 4 May 2016 p. 1; Section 4 (1) of the Data Protection Act (DSG), Federal Law Gazette I No. 165/1999 as amended;

the Austrian Data Protection Act (Datenschutzgesetz - DSG). Due to the derogations in § 9(1) DSG, the DSB would hence not be competent to handle the complaint

was maintained by the media employees of the N*** party. § 9 DSG is applicable. Both the DSG and the GDPR restrict their scope of application to the wholly

judgment of 25.02.2020, 5 Sa 108/19 § 18aF DSG MV, § 19aF DSG MV, § 20aF DSG MV, § 21aF DSG MV, § 22aF DSG MV, § 6 Abs 4 BDSG, § 37 EUV 2016/679, § 39 EUV 2016/679

Regulation - DSGVO), OJ No. L 119 of 4.5.2016; Article 1(1) and (2) and Article 24(1) and (5) of the Data Protection Act - DSG, Federal Law Gazette I No. 165/1999

meaning of Paragraph 4(2) of the DSG 2000. Accordingly, the permissibility of the processing is governed exclusively by Paragraph 9 of the DSG 2000. Under Section

to Section 1 (1) DSG must be checked and restrictions on this right may result from Section 1 (2) DSG. 14. According to Section 1 (2) DSG, restrictions on

has been rectified under § 24(6) DSG by the information given in that reply. The data subject replied that § 24(6) DSG does not apply on violations of Article

5 lit a GDPR Re 3) + 4): Art 35 in conjunction with Art 83 Para 4 lit a GDPR Re 5 + 6): Art 30 in conjunction with Art 83 Para 4 lit a GDPR To 7): Art

according to Art 133 Abs 4 B-VG. This statement must be justified briefly. The revision is not permissible according to Art. 133 para 4 B-VG, because the decision

within a period of four weeks. Legal basis: Art. 4 Z 1, Z 2 and Z 11, Art. 6 Para. 1 lit. c, Art. 7 Para. 4, Art. 9, Art. 51 Para. 1, Art. 57 Para. f, Art

accordance with § 4 para. 3 DSG or if express consent has been given. (5) Unless the data subjects have given their consent pursuant to Art. 4 No. 11 DSGVO

hereinafter: GDPR), OJ No. L 119 of 4.5.2016 p. 1; §§ 18 para. 1 as well as 24 para. 1 and para. 5 of the Data Protection Act (DSG), Federal Law Gazette I No.

attention of its representative within 14 days the amount of EUR 2.500,-- plus 4% interest since 2.3.2019 is hereby rejected. 2. the plaintiff is obliged to

DSGVO), OJ L 207, 30.12.2009, p. 1. No. L 119 of 4.5.2016, p. 1; section 29 Data Protection Act - DSG, Federal Law Gazette I No. 165/1999 as amended; section

Austria Relevant Law: Article 4(1) GDPR Article 4(2) GDPR Article 5 GDPR Article 6(1)(f) GDPR Article 17 GDPR § 152 GewO 1994 § 1 DSG Decided: 21.04.2021 Published:

Protection Regulation - GDPR), ABl. No. L 119 of 4.5.2016, p. 1; § 18 Paragraph 1 of the Data Protection Act (DSG), Federal Law Gazette I No. 165/1999 as amended;

the StVO. 2 DSG and Art. 8 para. 2 ECHR and justify such an intervention.§ 98a para. 2 first sentence StVO 1960 therefore violates § 1 DSG and Art. 8 ECHR

the BVwG/VwGH/VfGH This decision is final. Standard DSG §24 Abs5 DSGVO Art4 Z1 DSGVO Art4 Z2 DSGVO Art4 Z5 DSGVO Art11 Abs1 DSGVO Art11 Abs2 DSGVO Art12 Abs2

within the meaning of Section 1 DSG. In addition, it is an unlawful further processing of data according to Art 6 Para 4 GDPR. With regard to the verification

General Data Protection Regulation, Art. 4 marginal number 22). 4. Since in the demonstrative (arg. "How") list of Art. 4 Z 2 GDPR, the word "storage" is also

GDPR), OJ No. L 119, 4.5.2016 p. 1; §§ 1 para. 1 and para. 2 as well as 24 para. 1 and para. 5 of the Data Protection Act (hereinafter: DSG), Federal Law Gazette

which want to address consumers. 4. may your data also be passed on to another country (including outside the EU)? 4.1 Yes, if an adequate level of data

|GDPR_Article_Link_2= |GDPR_Article_3= |GDPR_Article_Link_3= |GDPR_Article_4= |GDPR_Article_Link_4= |GDPR_Article_5= |GDPR_Article_Link_5= |GDPR_Article_6= |GDPR_Article_Link_6=

|GDPR_Article_Link_2= |GDPR_Article_3= |GDPR_Article_Link_3= |GDPR_Article_4= |GDPR_Article_Link_4= |GDPR_Article_5= |GDPR_Article_Link_5= |GDPR_Article_6= |GDPR_Article_Link_6=

ECHR (Wittwer in Schwimann, ABGB-Takom4 § 1328a Rz 3; Danzl in KBB5 § 1328a ABGB Rz 3; RV 173 BlgNR 22nd GP 17). 1.4 'Personal rights' are absolute rights

period of 4 weeks, failing which the complainant is to be executed. 3. For the rest, the appeal is dismissed as unfounded. Legal basis: Art. 3, Art. 4 line

of Article 4(1) of the GDPR and additional information specifically defined in paragraph 2. Since the concept of personal data under Art 4(1) DPA is multifaceted

paragraph 7, DSG. From the facts established, it follows that the requirements of Section 7 Paragraph 1 DSG Paragraph 7, Paragraph One, DSG (publicly accessible

accordance with § 62 DSG. If profit or damage intent In addition, a violation of § 1 DSG is even threatened with criminal penalties (§ 63 DSG). Ultimately, the

protection according to the GDPR and the DSG 2018 [2019] 53 ff; see also Mayr in Rechberger / Klicka, ZPO5 JN § 28 Rz 4). [8] 4.2. In the well-founded decision

at DECISIONS D A T U M 2 2 . 1 2 . 2 0 2 1 BUSINESS NUMBER W 2 7 4 2 2 4 6 1 6 6 - 1/4 E I M N A M E N D E R E P U B L I K ! The Federal Administrative

hereinafter: GDPR), OJ No. L 119 of 4.5.2016 p. 1; §§ 1, 18 Paragraph 1 and 24 Paragraph 1 and Paragraph 5 of the Data Protection Act (DSG), Federal Law Gazette I

accordance with Article 77, GDPR in conjunction with Paragraph 24, DSG on February 24, 2023. 1.4. The data protection authority then initiated a complaint procedure

OJ L 119, 4 May 2016, p. 1, Section 1 Para. 1 and 2 of the Data Protection Act (DSG), Federal Law Gazette I No. 165/1999 as amended: Article 4, Article

2, Paragraphs 2, 3 and 4. However, in the absence of a corresponding catalog of exceptions for the DSG, according to Section 4 this is very applicable

according to Art. 83 Para. 4 GDPRArticle 83, Paragraph 4, GDPR). Pursuant to Article 83 Paragraph 4Article 83, Paragraph 4, GDPR, in the case of the violations

already been implemented by Section 30 (2) DSG, because this is based on the action of some person. Section 30 (2) DSG effects an investigative standard that

vwgh.gv.at Ro 2021/04/0030-4 to 0031-5 March 6, 2024 17 of 40 4. Determination of the violation of the right to information 25 4.1. In its ruling point A)I

professional secrecy, is required. 4. In the matter The Respondent relies on § 19 4. 4. COVID-19-SchuMaV in conjunction with § 8 para. 4 COVID-19-MG. It is therefore

(paragraph one, DSG) and interest in secrecy of the first respondent, a legal entity, is offset by the legal mandate under paragraph 23, paragraph 2, DSG, whereby

rights under Article 1 GDPR or § 1 DSG, Art. 5 DSGVO or § 37 DSG, Art. 12, 22 and 41 DSGVO and Art. 34 DSGVO or § 56 DSG has been violated. The complainant

(paragraph one, DSG) and interest in secrecy of the first respondent, a legal entity, is offset by the legal mandate under paragraph 23, paragraph 2, DSG, whereby

GDPR), OJ No. L 119 of May 4, 2016, p. 1; §§ 9, 18 paragraph 1 and 24 paragraph 1 and paragraph 5 of the Data Protection Act (DSG), Federal Law Gazette I

dismissed as unfounded. B) The appeal is admissible pursuant to Art. 133 para. 4 B-VG. Text REASONS FOR DECISION: I. Course of proceedings: By data protection

being changed in the middle of proceedings. 1.2 Article 69(4) and (5) of the DSG reads as follows "(4) Proceedings pending before the data protection authority

accordance with Section 24 (5) DSG and was therefore dismissed in accordance with Section 24, Paragraph 5, DSG. Regarding point 4 First of all, it should be

to Article 83 Paragraph 4 GDPR Article 83 Paragraph 4 GDPR applies. Pursuant to Article 83 Paragraph 4Article 83, Paragraph 4, GDPR, in the case of the

the impossibility of applying the provisions of Section 1 (1) and (2) DSG, Art. 4 Z 7 Previous search term GDPR Next search term and Art. 6 Section 1 lit

ical program falls under the definition of "profiling" according to Art. 4(4) GDPR in accordance with the case law of the CJEU in C-634/21. The automatied

Paragraph 1 in conjunction with Art. 83 Paragraph 1 and 4 Letter a GDPR OJ L 2016/119, p. and 4 Litera a, GDPR OJ L 2016/119, p. 1, as amended For these

Act (DPA) 2018. The defendant applied for the claim to be struck out under 3.4(2)(a) and (b) CPR or, alternatively, to grant summary judgement under 24.2

26.1 item 1 of the DSG, which is why the complainant had been granted the status of a public official under Article 26.3 of the DSG. cit. the complainant

GDPR), OJ No. L 119 of May 4, 2016, p. 1; §§ 1, § 18 paragraph 1 and § 24 paragraph 1 and paragraph 5 of the Data Protection Act (DSG), Federal Law Gazette

to overriding interest of the individual behind the business (§ 1(2) DSG, Article 6(4) GDPR). The Information on financial aid for individual entrepreneurs

Act (DSG), Federal Law Gazette I No. 165/1999 as amended: Article 51, paragraph one, Article 57, paragraph one, litera f,, Article 57, paragraph 4, and

conjunction with §§ 8 Para. 1 Z 4 (mainly authorized interests), 8 Para. 3 Z 4 (performance of contract), 6 Para. 1 Z 5 and § 24 DSG 2000 registered became. In

basis: Art. 4, Art. 6 Paragraph 1 lit. f, Art. 51 Paragraph 1, Art. 57 Paragraph 1 lit. Basic Regulation, hereinafter: GDPR), OJ No. L 119 of 4.5.2016 p.

Under Article 4(4) GDPR, this processing of data is considered profiling. According to Austrian data protection law (see Article 1 §2 DSG), processing for

"file system" in Art. 4 No. 6 GDPR. The plaintiff's examination papers also represented personal data within the meaning of Art. 4 No. 1 GDPR. In his judgment

OJ No. L 119 of 4.5.2016 p. 1 ; Paragraphs 18, paragraph one, as well as 24 paragraph one and paragraph 5, of the Data Protection Act (DSG), Federal Law

will expire on May 25, 2018 according to § 72 DSG NRW stepped. Apart from the fact that, according to the DSG NRW old version, the person concerned had no

information in accordance with Art. 13 ff. DSG VO and the right to information in accordance with Art. 15 DSG VO. By withholding the available and relevant

personal data as per Article 4(1) GDPR. Equally so, that processing of such information constitutes profiling under Article 4(4) GDPR. Further, the BVwG considered

publisher, so that he does not fall under the media privilege of Section 9 DSG. The defendant denied and requested that the lawsuit be dismissed for a fee

March 2004 - 7 AV 4/03 -, loc. cit.) An explanation of this reason for admission that satisfies the requirements of § 124 a (4) sentence 4 VwGO requires that

hereinafter: GDPR), OJ. No. L 119 of 4.5.2016 p. 1; §§ 1, 18 para. 1 as well as 24 para. 1 and para. 5 of the Data Protection Act (DSG), Federal Law Gazette I No

meaning of Art. 4 No. 7 DSGVO, and partly by automated means within the meaning of Art. 2(1), Art. 4 No. 2 DSGVO. 72 According to Article 4(2) of the GDPR

inadmissibly processed data deleted. § Section 24 (1), (3), (4) and (5) DSG read: "SECTION 24 DSG Complaint to the data protection authority (1) Every data

Austrian Data Protection Act (Datenschutzgesetz - DSG). First, the BVwG considered the application of § 9(1) DSG, which provides for a broad nonapplication of

before the Federal Administrative Court. Art. 4 Z 1 GDPR reads:Article 4, paragraph one, GDPR reads: Article 4 Definitions For the purposes of this Regulation

with Section 24 DSG is that the data subject receives the information to which he is entitled. This already results from § 24 paragraph 5 DSG according to

practice in the case group breach of law (4 Ob 93/01g on copyright; 4 Ob 169/15d on the right of ownership; 4 Ob 75/16g on interference with a mere possession

rnhofer/Kunnert/Riedl, DSG (2018), page 145). The deviating provision in § 12.4 no. 1 of the DPA on the previous search termDSG of the next search term

Protection Act (Datenschutzgesetz - DSG) exempted them from the necessity of a legal basis under Article 6 GDPR (note: Under § 9 DSG, Chapters II to VII and Chapter

personal data in accordance with Article 4, number one, GDPR. 3.2.4. The GDPR defines the term processing in Art. 4 Z 2 GDPR by listing a number of possible

accordance with Article 133, Paragraph 4, B-VG.The revision is permitted in accordance with Article 133, Paragraph 4, B-VG. text Reasons for the decision:

with Article 6, paragraphs 1 and 4 of the GDPRLegality of data processing in accordance with Articles 6, paragraphs 1 and 4 of the GDPR    Principle of processing

vested in the controller. (4) The right under paragraph 2 may not affect the rights and freedoms of other persons. Definitions – Art. 4 Z 2 GDPR 2. “Processing”

understood broadly (Hödl in Knyrim, DatKomm Art 4 DSGVO Rz 9; Eßer in Eßer/Kramer/von Lewinski, DSGVO-BDSG6 Art 4 DSGVO Rz 7). [16] 2.1 Therefore, even inner

accordance with Article 133, Paragraph 4, B-VG.The revision is permitted in accordance with Article 133, Paragraph 4, B-VG. text Reasons for the decision:

hereinafter: GDPR), OJ No. L 119 of 4.5 .2016 p. 1; Sections 18 (1) and 24 (1) and (5) of the Data Protection Act (DSG), Federal Law Gazette I No. 165/1999

right to secrecy as follows: - The complaint is rejected. Legal basis: Art. 4 Z 7, Art. 51 Para. 1, Art. 55 Para. 1, Art. 57 Para. 1 lit. f and Art. 77 Para

(General Data Protection Regulation, hereinafter: GDPR), OJ L 119, 4 May 2016, p. 1.: Article 4, Article 5 Paragraph 1 Letter c, Article 6, Article 12 Paragraph

pursuant to Art. 133 (4) B-VG. The decision shall be briefly substantiated. The appeal is admissible pursuant to Art. 133 para. 4 B-VG because there is

the accused confirmed that under point 1.4. to have written an obvious answer. All in points 1.1. until 1.4. The findings made were to be regarded as

Article 133 (4) B-VG. The statement must briefly state the reasons for the ruling. The appeal is not admissible under Article 133, paragraph 4 of the Federal

identity in relation to the legal situation according to the DSG 2000: The provision of § 26 DSG 2000 has the clearly recognizable purpose of preventing any

authorities (Taeger/Gabel, DS-GVO, 4th edition 2022, Art. 4 para. 465; Wolff/Brink, BeckOK data protection law, 39 . Edition 2021, Art. 4 GDPR, para. 165). Paragraph

definitions of data processing (Art 4(2)), controller (Art 4(7)), processor (Art 4(8)), recipient (Art 4(9)) and third party (Art 4(10)). In the case of data transfer

12 para 4 Z1DSG lack of opening clause (W2562214855 and W2112210458). are there decisions after the entry into force of the GDPR that §§ 12f DSG still apply

2016/679 (data protection Basic Regulation, hereinafter: GDPR), OJ No. L 119 of 4.5.2016 p. 1; REASON A. Submissions of those responsible: 1. In a letter dated

The data processing in question was profiling within the meaning of Article 4(4) of the GDPR. It is understandable for the average person subject to the law

professional email address would be a personal data pursuant to Art. 4(1) of the previous search termDSG; the same applied to an addition next to the name of the involved

data. According to point 4.4.5., The legal basis for processing is the consent according to Article 6 (1) (a) GDPR Point 4.4.6. Consent is voluntary and

within the meaning of Art. 4 Z. 7 Previous search term GDPR Next search term but as a processor within the meaning of Art. 4 Z. 8 Previous search term GDPR

to Article 133, Paragraph 4 of the Federal Constitution. The revision is not permitted according to Article 133, Paragraph 4 of the Federal Constitution

the whole claim under CPR 3.4(2)(b) under the Jameel jurisdiction; and (c) strike out of the claim in negligence under CPR 3.4(2)(a). 
 
 The Defendant

plaintiff's personal data within the meaning of Art. 4 No. 1 DSGVO, whereby processing within the meaning of Art. 4 No. 2 DSGVO takes place in the form of the collection

procedural act (see only OVG Lüneburg, Order of 11 May 2020 - 4 LA 163/18 -, juris, marginal no. 4; Dolderer, in: Sodan/Ziekow, VwGO, 5th ed. 2018, § 101, marginal

next search term), OJ No. L 119 of 4 May 2016 p. 1; Sections 1, 18 (1) and 24 (1) and (5) of the Data Protection Act (DSG), Federal Law Gazette I No. 165/1999

page within 14 days. The appeal is not admissible pursuant to Art. 133 para. 4 B-VG. Text Grounds for decision: By - lawyer's - complaint to the data protection

of the plaintiff within the meaning of Art. 4 No. 1 DSGVO, whereby the processing within the meaning of Art. 4 No. 2 DSGVO takes place in the form of the

principles of data processing, in particular Art. 5(1)(b) and (c) GDPR and Art. 6(4) GDPR. For each of the legal bases listed in Art. 6 (1) of the GDPR (except

Administrative Court In addition, Art. 4 Z 1 and Art. 6 Para. 1 lit. c and f GDPR are relevant. Art. 4 Z 1 GDPR reads: "Article 4 definitions For the purposes of

*3, commercial register number: *4*8*2r, represented by A*** , B*** & Partner Rechtsanwälte, **** Vienna, ****platz 4*/3, carried out ex officio examination

lodged a complaint with the DSB (Austria). The DSG rejected to handle the complaint under Article 57(4) GDPR - considering it excessive - since there were

Pursuant to section 27 of the Data Protection Act (DSG) as amended (which essentially corresponds to section 39 DSG 2000, which was in force until 24 May 2018)

security in the amount of 110% of the amount to be enforced before enforcement. 4. 4. The appeal is allowed. 5. The amount in dispute is set at €350.00. Facts

already been identified became. The plaintiff's reference to Section 4 Paragraph 4 BDSG in this context is not convincing because, according to the prevailing

2). I.4. On February 18, 2020, BF2 again provided information in accordance with Art. 15 GDPR. This was sent to the Chamber of Labor XXXX (VWA ./4, see

will not be followed. The revision is permissible according to Art. 133 Para. 4 B-VG. text Reasons for the decision: With a complaint using a form from the

HKG ND, Section 85a HKG ND, Section 85a (1) S 1 HKG ND, Section 5 (1) S 2 DSG ND, Section 46 (2) KomWG ND, Section 51 S 2 WahlG ND PROCEDURE VG Stade, 3

Para. 2 lit. Affected establish was made. 4. The following must be recorded for the determination of the sentence: 4.1. According to Art. 83 Para. 1 GDPR,

personal data pursuant to Article 4(1) of the Regulation, citing Section 1(1) of the Data Protection Act and Article 4(1) of the Regulation. With regard

subject on the basis of the factual context (Art. 6 para. 4 letter b DSGVO) (Art. 6 para. 4 letter a DSGVO). Sec. 24.1 No. 1 of the Federal Data Protection

***** gmbh 08/15/2017 December 21, 2017 45.4 0.00 out of court. Operation positive completed i ***** gmbh [4] For the plaintiff's earlier surname ("H *****")

y) as a controller within the meaning of Article 4 No. 7 of the GDPR within the meaning of Article 4 No. 2 of the GDPR, nor is its agent in the proceedings

1 sentence 2 analogous GDPR Art. 2 Para. 2 Letter d, 4 No. 1, 6 Para. 1 Letter e, 79 Para. 1 BayDSG Art. 24 Para. 1 No. 1 and No. 2, 28 Guiding principles:

procedure according to § VWGO § 124a paragraph VWGO § 124A paragraph 4 sentence 4 VwGO requires that the respective applicant deals with the content of

Art. 4 No. 7 and 8 of the GDPR) as well as the certification body in the case of Art. 4(b) and the supervisory authority in the case of Art. 4(c) are

accordance with Article 133, paragraph 4, B-VG. The statement needs to be briefly justified. According to Article 133 Para. 4 B-VG, the appeal is not permissible

Treaty on the Functioning of the European Union (see also Articles 165 (4) and 166 (4)) TFEU in conjunction with Art. 288 (5) TFEU and the competence to issue

the plaintiff was pursuing predominantly private interests with his request. 4 The applicant lodged an objection to this by letter of 15 March 2018, which

- that the defendant 3 - the minutes of the board meeting of 13 July 2018, 4 - the minutes of the board meeting of 22 August 2018, 5 - the minutes of the

against him (cf. Ettig in Taeger/Gabel, TTDSG, 4th ed., § 21 para. 12 ff.; on the previous provision § 14 para. 3, 4 TMG Senate resolution of September 24, 2019

Kühling/Buchner/Klar/Kühling, 3rd ed. 2020, DS-GVO Art. 4 (1) marginal no. 8-10; Paal/Pauly/Ernst, 3rd ed. 2021, DS-GVO Art. 4 marginal no. 14; OLG Köln, judgment of 26

pseudonym. This is because the defendant has expressly agreed under section 4.4 para. 2 sentence 1 of its terms of use (as of 19 April 2018; Annex K 1) for

provide. According to § 4 paragraph 1 sentence 5 16th BayIfSMV, the school processes the test result for the purposes according to § 4 paragraph 1 sentence

2022, para 9 to Article 4 paragraph GDPR; Klar/Kuhling in Kühling/Buchner, DS-GVO/BDSG, 3rd edition 2020, paragraph 30 to Article 4 No. 1 GDPR; sign in BeckOK

Patients Say About Dr. [Applicant's last name] grading scale... Reviews ... 3 - 4 - Furthermore, the plaintiff requests the omission of the publication of a

the term “personal data” is defined in Art. 4 No. 1 GDPR and is immediately relevant here. According to Art. 4 No. 2 GDPR, "processing" is any process carried

publish. Section 4 (1) sentence 1 of the HmbTG stipulates that personal data must be made unrecognizable before publication. Since section 4 (1) sentence 2

defendant does not provide security in the same amount before enforcement. 4. The appeal is allowed. facts The parties are arguing about the admissibility

GDPR Art. 4 GDPR Art. 5 Para. 1 GDPR Art. 6 Para. 1, Para. 3, Para. 4 DSGVO Art. 21 Para. 1 GDPR Art. 32 GO Art. 24 Para. 1, Para. 3 GO paragraph 4 GO Art